Apr. 30, 2013
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by Peter Barzilai, USA TODAY Sports

by Peter Barzilai, USA TODAY Sports

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The son of Detroit Tigers outfielder Torii Hunter filed a lawsuit Tuesday seeking up to $40 million in damages from those who accused the 17-year-old of sexual assault last year, according to attorneys for Darius McClinton-Hunter.

Two girls said in May 2012 that McClinton-Hunter and three other boys from Prosper (Texas) High School forced them to have sex, but the girl who made the allegations against McClinton-Hunter recanted her statement less than 48 hours later. In February, a grand jury declined to indict McClinton-Hunter.

Larry Friedman, an attorney representing McClinton-Hunter, also left open the possibility of legal action against the Prosper (Texas) Police Department, which, Friedman claims, "investigated a crime that didn't exist for over a year after the accuser recanted her complaint."

One of the other boys was indicted on a lesser charge of unlawful restraint. The case is pending.

The lawsuit, filed in Collin County, Texas, seeks to "recover damages against the girls and the parents of the girls who made the false accusations of sexual assault against Darius that falsely branded as a 'criminal,' ruined his reputation, sent him to an Alternative School for a year, got him kicked off the Prosper High School Football Team and banned from High School Sports."

The lawsuit also states that McClinton-Hunter, now a high school senior, was being recruited to play football by schools such as SMU, Texas Tech, Utah, West Virginia, Arkansas, LSU and Oregon, but that any scholarship offers were retracted as a result of the allegations. McClinton-Hunter's brother, Torii Jr., committed in February to play for Notre Dame.

After the accusations, McClinton-Hunter was forced to attend a school for juvenile delinquents, and was allowed to return to Prosper High School after a grand jury refused to bring charges against him. However, school regulations forbid him from participating in extra-curricular activities.

McClinton-Hunter is the lone plaintiff in the lawsuit, and there are eight defendants, including three minors and their parents.

"To this day, nobody has taken responsibility - not the girl, not the Prosper Police Department, not the district attorney," Friedman said. "No one has taken responsibility for what they've done to this young man. No one's said sorry."

"In today's world, these types of things go viral in a minute. There are millions of stories out there accusing him of sexual assault that can never be erased. You can never erase those allegations. He will live to be 100 years old, barring something unforeseen. For the next 80 years those allegations will be there. The impact of this is tremendous."

The suit seeks $10 million in actual damages and punitive damages that run the total to about $40 million.

The lawsuit opens with a reference to the Michael Jackson song Billie Jean: "And mother always told me be careful of who you love. And be careful of what you do 'cause the lie becomes the truth."